TENANT NUISANCES

Three Incidents of Noise Didn't Create Nuisance

August 16, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance by excessive noise on at least three occasions. Tenant denied landlord’s claim and asked the court to dismiss the case without a trial. The...

HUD Tenant's Behavior Didn't Amount to Material Noncompliance with Her Lease

July 20, 2016    

Landlord sued to evict HUD tenant for material noncompliance with her lease because tenant yelled and cursed at landlord’s employees in the management office. Landlord also claimed that, on another occasion,...

Apartment Occupant's Removal of Lobby Painting Didn't Constitute Nuisance

June 22, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance after an occupant of tenant’s apartment removed a painting from a building lobby wall and left the building with it. Landlord claimed that...

Co-op Can Evict Shareholder Tenant for Objectionable Conduct Based on Short-Term Rentals

June 20, 2016    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, attorneys for the landlord.)

Landlord’s Predicate Notices Were Defective

June 17, 2016    

Landlord sued to evict rent-stabilized tenant for nuisance and lease violation by constantly allowing cigarette smoke to emanate from his apartment and thereby disturbing other tenants and endangering their health....

Default Judgment Against Tenant Vacated in Light of His Disabilities

June 17, 2016    

Landlord sued to evict tenant for nuisance. The court ruled for landlord based on tenant’s failure to appear for trial. Tenant later asked the court to vacate the judgment. The court agreed, a new judgment was...

Landlord's Termination Notice Sufficiently Described Apartment Conditions

June 17, 2016    

Landlord sued to evict  rent-stabilized tenant for creating a nuisance. Tenant claimed that landlord’s termination notice was defective and asked the court to dismiss the case. The court ruled against...

Notices to Section 8 Tenant Didn't Advise Tenant of Right to Discuss Notice with Landlord

May 20, 2016    

Landlord sued to evict HUD project-based Section 8 tenant for creating a nuisance. Among other things, landlord claimed that tenant’s great-grandson broke and damaged windows in the building. Tenant asked the...

Landlord Must Produce Key Fob Records

May 20, 2016    

Landlord sued to evict tenants for creating or allowing a nuisance. Landlord claimed that there were four separate instances of loud banging noises within the apartment. The court granted tenants’ request for...

Tenant Who Didn't Declutter Apartment Gets Final Chance to Avoid Eviction

May 19, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance because tenant maintained his apartment in an unsanitary manner, failed to cooperate with access for extermination, and failed to prepare the...

Landlord Can Evict Tenant Whose Guests Fought at Building

May 17, 2016    

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant had permitted up to 15 people to live in the apartment, causing physical destruction of the premises and the...

Landlord Can Evict Tenant for Repeated Noise, Fighting, and Threats

April 26, 2016    

Landlord sued to evict tenant, claiming that tenant and his guests created a nuisance in the apartment and the building’s common areas. The court ruled for landlord after a trial. Landlord presented testimony...